As AI becomes increasingly mainstream, there is the unavoidable question of whether is it appropriate for your lawyer to use AI to draft your legal documents?

Having your lawyer use AI on legal documents creates ethical dilemmas, which include the following:

1.  If your lawyer uses AI to generate your legal documents, how is that reflected in your legal fees?
2. Does the use of AI make the lawyer more efficient, therefore saving you costs on your bill?
3. Does the use of AI cost you more as the lawyer will now have to fact check the accuracy, which would not have been done had the lawyer drafted the document initially?
4. What happens if AI produces inaccurate information, will your lawyer be responsible for those mistakes?

It is not uncommon to find examples of AI errors in legal documents.

In a recent Superior Court Family Law case, the judge discovered that a factum had been created by the use of AI and contained false legal citations known as “hallucinations. The Canadian Lawyer article discussed this case in detail. The judge found that the cases in the factum had not been fact checked for accuracy and that the lawyer was potentially breaching their duties by not double checking to ensure the cases that were cited in the factum were real cases. The judge expressed “The court must quickly and firmly make clear that, regardless of technology, lawyers cannot rely on non-existent authorities or cases that say the opposite of what is submitted”.

This case highlights the importance of the client inquiring whether with its lawyer as to the manner in which the lawyer using AI in the creation of legal documents, ensures accuracy and bills accordingly.

SMP Law does not utilize AI in the preparation of any legal documents. SMP Law takes pride in tailoring each legal document to suit the specific client’s legal situation. It is SMP Law’s belief that it’s knowledge of the client’s case is what is crucial to the strength and accuracy of the client’s documents.

SMP Law is always here to help SiMPlify your legal matter and answer any of your questions. Contact us anytime at SMP Law to help SiMPlifyy your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

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